The Commission proposes a rule amendment that clarifies the evidence the Division of Retirement must present before the State Retirement Commission in cases where the Division is terminating a member’s disability retirement ....

 

DEPARTMENT OF MANAGEMENT SERVICES

State Retirement Commission

RULE NO.:RULE TITLE:

60R-1.00481Medical Evidence

PURPOSE AND EFFECT: The Commission proposes a rule amendment that clarifies the evidence the Division of Retirement must present before the State Retirement Commission in cases where the Division is terminating a member’s disability retirement benefits.

SUMMARY: The proposed changes set forth the types of evidence the Division must present in order to demonstrate that termination of disability retirement benefits is appropriate.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Commission meeting, the Commission concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Commission determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 121.24(5) FS.

LAW IMPLEMENTED: 120.569, 120.57(1), 121.23 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Julie Morales, Commission Clerk, [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

60R-1.00481 Medical Evidence.

(1)    Competent medical evidence of a physical or mental impairment is required for a determination of disability retirement

eligibility. Competent medical evidence of a lack of such impairment is required for termination of disability benefits under re-examination. The diagnosis standard is a reasonable medical probability.

(2)    Competent medical evidence of recovery from disability upon reexamination by the Division is required for the

Commission’s determination that disability benefits were properly terminated under s. 121.091(4)(h). Termination of benefits due to the member having secured employment while receiving disability retirement benefits may be supported by competent substantial evidence that the member was successfully reemployed and remained able to render useful and efficient service as an officer or employee as set forth in s. 121.091(4)(b).

(3)(2) Competent medical evidence of an impairment, or lack thereof upon reexamination by the Division, requires testimony by a licensed physician, either at the hearing, or in a deposition, in which the member and the Division of Retirement had an opportunity to participate. The licensed physician must have either treated or examined the individual, and the scope of their professional training and experience must include the type of permanent disability diagnosed.

(4)(3) In cases of eligibility for in line of duty disability benefits, competent medical evidence shall be required showing that an injury or illness, arising out of and in the actual performance required by the member’s employment, was the substantial producing cause or aggravating cause of the member’s total and permanent disability.

(5)(4) Medical records alone shall be insufficient to support a finding of disability retirement eligibility or termination.

(6)(5) Determinations of disability in proceedings before other tribunals are not binding on the Commission.

(7) This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date.

Rulemaking Authority 121.024(5) FS. Law Implemented 120.569, 120.57(1), 121.091, 121.23 FS. History–New 9-30-93, Amended 10-6-99, 4-20-04, 8-25-21________________________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: State Retirement Commission

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: State Retirement Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 16, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 2, 2023